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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-10-26 Daily Xml
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MARINE PARKS (PARLIAMENTARY SCRUTINY) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (17:59): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

In accordance with provisions of the Marine Parks Act 2007 (the Act), on 29 January 2009, the outer boundaries of 19 marine parks were proclaimed by His Excellency, the Governor and released by the Minister for Environment and Conservation for public comment. During the public comment period, some community members indicated a preference to increase the scrutiny of any future amendments to management plans and associated zones to provide greater certainty and security to activities and industries operating in the marine environment.

Process to Amend Marine Park Management Plans

The Act requires that the Minister responsible for marine parks must lay initial management plans before both Houses of Parliament. In addition, section 15 of the Act requires that after the Governor authorises amendments to a management plan, the plan is then referred by the Minister responsible for marine parks to the Environment, Resources and Development (ERD) Committee of the Parliament. The ERD Committee must then consider the plan within 28 days of receiving it, and may resolve to: not object to the plan; suggest amendments to the plan; or object to the plan. If the ERD Committee resolves to object to a plan, copies of the plan must be laid before both Houses of Parliament. Either House may then disallow the plan.

Key stakeholders who use the marine environment sought the security of additional Parliamentary scrutiny of the process to amend management plans. As a result, the government determined to provide this security by amending the Act.

Provisions of the Amendment Bill

The Marine Parks (Parliamentary Scrutiny) Amendment Bill (the Amendment Bill) provides that amended marine park management plans are referred to both Houses of the Parliament and are subject to the process of Parliamentary scrutiny that applies to the making of regulations under sections 10 and 10A of the Subordinate Legislation Act 1978.

Section 14 of the Act has been amended to require the Minister responsible for marine parks to cause copies of a management plan to be laid before both Houses of Parliament within 6 sitting days after it is declared, rather than 12 sitting days. This amendment provides consistency with provisions of the Subordinate Legislation Act 1978.

The Bill has the effect that if a resolution for disallowance is passed in pursuance of a notice of motion given within 14 sitting days after an amended management plan is laid before the Parliament, the amended plan will then cease to have effect.

Conclusion

Initial marine park management plans with multiple use zoning arrangements are expected to be authorised in 2012. These plans will set out strategies for achieving the objects of the Act and also establish zones within marine parks and will be the product of contributions from the full range of community members with interests in South Australia’s marine environment.

The introduction of this amendment Bill is the culmination of Government working with the community to provide more certainty about future amendments to marine park management plans and the zones within them.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

Clauses 1 and 2 are formal.

Part 2—Amendment of Marine Parks Act 2007

3—Amendment of section 14—Procedure for making or amending management plans

Section 14(9) of the principal Act provides that within 12 sitting days after the declaration of an initial management plan for a marine park, a copy of the plan must be laid before both Houses of Parliament. The proposed amendment would result in all declared management plans (not just initial management plans) being laid before both Houses of Parliament within 6 sitting days after the declaration.

4—Substitution of section 15

Section 15 of the principal Act provides that all management plans, other than initial management plans (as these are laid before both Houses of Parliament under section 14) are to be referred to the Environmental, Resources and Development Committee of the Parliament. The proposed amendment results in management plans no longer being referred to the ERD Committee but instead being laid before both Houses of Parliament with sections 10 and 10A of the Subordinate Legislation Act 1978 applying to them as if the management plan were a regulation.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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